USA v. Tatum
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. DELROY TATUM, Defendant. ) ) ) ) ) Criminal No. 2018-38 ) ) ) ) ) ATTORNEYS: Gretchen Shappert Everard E. Potter United States Attorney’s Office St. Thomas, U.S.V.I. For the United States of America, Omodare B.Jupiter Kia Sears Law Officer of Clive Rivers St. Thomas, U.S.V.I. For Delroy Tatum, ORDER GÓMEZ, J. Before the Court is the application of Delroy Tatum (“Tatum”) to waive his speedy trial. For the reasons stated herein, the time to try this case is extended up to and including February 28, 2019. While the Speedy Trial Act requires that defendants be tried within seventy days of indictment, the Court specifically Case: 3:18-cr-00038-CVG-RM Document #: 24 Filed: 11/30/18 Page 1 of 3 United States v. Tatum Criminal No. 2018-38 Order finds that extending this period would be in the best interest of justice for several reasons. First, an extension is necessary to provide Tatum’s counsel adequate time to prepare for trial and conduct motions practice. …
Download the original document · Plain text (TXT) · Browse the archive · How this archive works
Original source: https://www.govinfo.gov/content/pkg/USCOURTS-vid-3_18-cr-00038/pdf/USCOURTS-vid-3_18-cr-00038-0.pdf
SHA-256 ba782f62758d9a82a3f556070fbe2746e5ecc65be1876ae3785791732e134474
Re-using this document
two independent grounds: a work of the United States Government under 17 USC 105, AND a judicial opinion, which is an edict of government and uncopyrightable by anyone including the court that wrote it
Our description, tagging, arrangement, extracted text and machine transcripts are released under CC0 1.0. We assert nothing about the document itself.
Archive identifier LF-ba782f62758d
Document text
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. DELROY TATUM, Defendant. ) ) ) ) ) Criminal No. 2018-38 ) ) ) ) ) ATTORNEYS: Gretchen Shappert Everard E. Potter United States Attorney’s Office St. Thomas, U.S.V.I. For the United States of America, Omodare B.Jupiter Kia Sears Law Officer of Clive Rivers St. Thomas, U.S.V.I. For Delroy Tatum, ORDER GÓMEZ, J. Before the Court is the application of Delroy Tatum (“Tatum”) to waive his speedy trial. For the reasons stated herein, the time to try this case is extended up to and including February 28, 2019. While the Speedy Trial Act requires that defendants be tried within seventy days of indictment, the Court specifically Case: 3:18-cr-00038-CVG-RM Document #: 24 Filed: 11/30/18 Page 1 of 3 United States v. Tatum Criminal No. 2018-38 Order finds that extending this period would be in the best interest of justice for several reasons. First, an extension is necessary to provide Tatum’s counsel adequate time to prepare for trial and conduct motions practice. Second, Tatum made his request with the advice and consent of counsel. Third, without an extension, Tatum would be denied reasonable time necessary to explore plea options and prepare for trial. Consistent with these concerns, the United States Court of Appeals for the Third Circuit has recognized that "whether or not a case is 'unusual' or 'complex,' an ‘ends of justice’ continuance may in appropriate circumstances be granted." United States v. Fields, 39 F.3d 439, 444 (3d Cir. 1994); United States v. Dota, 33 F.3d 1179(9th Cir. 1994) ("An ends of justice continuance may be justified on grounds that one side needs more time to prepare for trial [even if the] case [i]s not ‘complex.’"); see also United States v. Lattany, 982 F.2d 866, 883 (3d Cir. 1992) ("[T]he district court did not abuse its discretion when it delayed the trial to give counsel . . . opportunity to . . . decid[e] upon and prepar[e] an appropriate defense."); United States v. Brooks, 697 F.2d 517, 522 (3d Cir. 1982) (holding there was no abuse of discretion where district court found that multiple count, multiple defendant "case was Case: 3:18-cr-00038-CVG-RM Document #: 24 Filed: 11/30/18 Page 2 of 3 United States v. Tatum Criminal No. 2018-38 Order complex and required additional time for adequate preparation."). The premises considered; it is hereby ORDERED that the time beginning from the date of this order granting an extension through February 28, 2019, shall be excluded in computing the time within which the trial for Delroy Tatum must be initiated pursuant to 18 U.S.C. § 3161. S\ Curtis V. Gómez District Judge Case: 3:18-cr-00038-CVG-RM Document #: 24 Filed: 11/30/18 Page 3 of 3